This is the perverse incentive: driver optimizations present competitive value to manufacturers, so manufacturers keep drivers secret in order to monopolize that value.
The problem is that by monopolizing their driver, the manufacturer also monopolizes the responsibility of driver creation, compatibility, security, and maintenance. This doesn't just prevent competition from other manufacturers: it prevents collaboration with anyone else.
There is nothing to incentivize a manufacturer to actually uphold the responsibility that they have monopolized. It's actually the opposite: monopolized responsibility is an opportunity to implement planned obselescence.
The purpose of copyright and patent monopoly is to incentivize knowledge sharing. In this case, the opposite is true. If we want drivers to be maintainable, then we have 2 options:
1. Require all drivers to be open source.
2. Break up the vertical integration of in-house driver development.
I vote we do both.